National Lawyers Guild Urges Bay Area Attorneys to Fight Concord Court Backlog

The federal immigration court in Concord is managing a backlog of nearly 200,000 cases, many involving individuals who may be eligible to remain in the United States if they had legal representation, according to data from the nonprofit organization Transactional Records Access Clearinghouse (TRAC).

The National Lawyers Guild has issued an urgent plea for Bay Area attorneys with immigration experience to assist at the East Bay court. Case volumes at the facility have surged following the closure of the San Francisco immigration court this past May.

“The people facing these hearings are our neighbors. Many lose their only chance at protection because no one was there to help them meet a deadline, not because their claims lack merit,” the National Lawyers Guild said in an appeal to lawyers.

Legal professionals are being asked to supervise law students working with the National Lawyers Guild San Francisco Chapter. These students are tasked with filing critical motions to prevent the deportation of asylum seekers and other immigrants who possess valid cases for judicial hearings.

The National Lawyers Guild reports that hearings are not being scheduled because of a specific legal maneuver used by Immigration and Customs Enforcement lawyers. This tactic, known as a motion to pretermit, seeks to have judges make immediate deportation decisions while denying asylum seekers the opportunity for a further judicial hearing.

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When a judge grants a motion to pretermit, those facing deportation or those with protected status have a very narrow window to respond and appeal. The organization said that many of these notices are being missed or are being sent in languages that the recipients do not understand. Such lapses can lead to deportation decisions that might have been halted by a simple legal filing.

The backlog at the Concord court reached approximately 170,000 pending cases by the end of September, according to TRAC data.

The National Lawyers Guild has raised concerns regarding the practices of judges at the court, alleging they have denied immigrants due process. These allegations include holding mass hearings where only a single individual has legal representation.

Additional issues cited by the organization include immigration judges suddenly rescheduling hearings for earlier times or dates. When individuals miss these rescheduled appointments, judges have issued deportation orders in absentia. The stakes of these procedural shifts are high; roughly 42% of asylum seekers who receive an appeal hearing eventually win their cases.

To address the crisis, the National Lawyers Guild San Francisco is training law students who are fluent in several languages, including Spanish, Mandarin, Hindi, Arabic, Farsi, and Dari. These students prepare the necessary motions and appeals required to request a hearing following an initial decision.

The organization is seeking volunteer attorneys to supervise up to three law students at a time. This supervision is limited to the oversight of motions filed by the students and does not require attorneys to take on full legal representation of the clients.

The workload is designed to be manageable for working professionals, as the tasks can be performed remotely and typically require only a few hours of commitment per week. Supervising attorneys are responsible for checking legal advice, approving motions prepared by students, and participating in a weekly Zoom call.

Attorneys interested in assisting the Immigration Justice Program can contact the National Lawyers Guild San Francisco at [email protected].

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